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Background Paper on Green Belt and District Open Land 1.0 Introduction

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Background Paper on Green Belt and District Open Land 1.0 Introduction Epping Forest District Local Plan – Draft Plan Consultation 2016 BGP4 - Green Belt and District Open Land Background Paper on Green Belt and District Open Land 1.0 Introduction 1.1 In total, 92.4% of the land within Epping Forest District is currently within the Metropolitan Green Belt. Some release of Green Belt land will be necessary to meet the growth needs and aspirations of the District, as insufficient previously developed land outside of the Green Belt is available. A site selection process has identified the most appropriate sites to allocate in the Local Plan to deliver the development to meet objectively assessed housing and employment needs over the Plan period. The site selection exercise has been undertaken taking account of all relevant criteria identified in the Council's Site Selection Methodology and the Traveller Site Selection Methodology.1 1.2 The National Planning Policy Framework (NPPF) states (at paragraph 83) that, once established, Green Belt boundaries should only be altered in exceptional circumstances, through the preparation or review of the Local Plan. The purpose of this paper is to explain the approach which the Council has taken to review existing Green Belt boundaries in the District and to identify the exceptional circumstances that justify the alteration of existing Green Belt boundaries to accommodate planned development. 1.3 As part of the overall process of preparing a new Local Plan, the Council has taken the opportunity to undertake a thorough review of existing Green Belt boundaries in the District. That review has identified a number of anomalies in the Green Belt, where inappropriate development has taken place over time, such that the land no longer fulfils the purposes of the Green Belt. This paper identifies the opportunities to alter existing Green Belt boundaries to address such anomalies, having regard to their intended permanence in the long term, so that they should be capable of enduring beyond the Plan period. 1.4 The Draft Local Plan includes a proposal to introduce a new local land-use designation, namely, 'District Open Land' in the specific locations identified. The proposed designation of existing Green Belt land as 'District Open Land' arises where proposed alterations to existing Green Belt boundaries causes some Green Belt land currently in recreational, leisure or open space use to become vulnerable to inappropriate development proposals. Consequently, the Council proposes to remove this land from the Green Belt but afford it a level of local policy protection to retain its current function and to avoid its loss to alternative land uses. 2.0 National Planning Policy Framework and Case Law 2.1 Paragraphs 83–85 of the NPPF (see Appendix 1 to this Background Paper) provide the parameters for defining and reviewing Green Belt boundaries. The NPPF requires local planning authorities to demonstrate exceptional circumstances to justify any alteration to existing Green Belt boundaries, whether the proposal is to extend or diminish the Green Belt. There is no clear definition of what amounts to exceptional circumstances but case law 1 See Appendix A of the Site Selection Report http://eppingforest.consultationonline.co.uk/wp- content/uploads/sites/5/2016/08/Appendix-A-Site-Selection-Methodology.pdf October 2016 1 Epping Forest District Local Plan – Draft Plan Consultation 2016 BGP4 - Green Belt and District Open Land is clear that any justification must be responsive to local conditions and take account of a range of factors. 2.2 National Planning Policy makes clear that the only mechanism for altering Green Belt boundaries is the review of a Local Plan. However, preparation of a Local Plan in itself, does not amount to exceptional circumstances. The courts have provided guidance on the relevant factors to take into account when seeking to demonstrate exceptional circumstances. 2.3 In Gallagher Estates v Solihull MBC2 the High Court identified the proper approach to demonstrating exceptional circumstances. Relevant points are summarised below: planning guidance is a material consideration for planning, plan-making and decision-taking, however, it does not have statutory force: the only statutory obligation is to have regard to relevant policies; The NPPF allows for some review in detail of Green Belt boundaries through the new Local Plan process, but states that "the general extent of Green Belt’s across the country is already established"; paragraphs 83 and 84 of the NPPF ensure that sustainable patterns of growth should guide where any amendment to Green Belt boundaries take place; the process of preparing a new Local Plan is not, in itself, sufficient to be regarded as an exceptional circumstance; other planning judgments must also be bought to bear; and exceptional circumstances are required for any revision of a boundary, whether the proposal is to extend or diminish the Green Belt. 3.0 Exceptional Circumstances in Epping Forest District 3.1 The Council considers that, considered together, a number of factors demonstrate the exceptional circumstances to justify the proposed alterations to existing Green Belt boundaries within Epping Forest District. The District is to the north east of London, bisected by the M25 and M11 motorways; it is bounded to the west by the Lee Valley and the London to Stansted/Cambridge railway line; to the south by the built extent of suburban London (within the London Boroughs of Redbridge and Waltham Forest); and to the north by the River Stort and the boundaries of Harlow. To the east and north-east, the character of the District changes markedly and becomes very rural in nature. As stated above, in total, 92.4% of the District is currently within the Green Belt, with the existing settlements being tightly defined by Green Belt boundaries. These detailed Green Belt boundaries were initially defined during the 1980s in a series of Local Plans that covered what is now Epping Forest District. There has been little change to Green Belt boundaries over time, with the currently adopted Local Plan (1998) introducing only minor alterations. The overall policy of development restraint has been successful in Epping Forest District. 3.2 Since the Local Plan was adopted in 1998, there has been a substantial change in emphasis on the delivery of new growth and the requirement to deliver that growth in a sustainable 2 Gallagher Estates v Solihull MBC [2014] EWHC 1283 (Admin) (30 April 2014), endorsed and upheld by the Court of Appeal: [2014] EWCA Civ 1610 (17 December 2014) October 2016 2 Epping Forest District Local Plan – Draft Plan Consultation 2016 BGP4 - Green Belt and District Open Land manner. Previous higher-tier plans (County Structure Plans and Regional Strategies) have determined that Epping Forest District and other nearby Districts within the Green Belt, should continue to be treated as areas of development restraint. These plans are no longer in effect and each local planning authority is now required to determine its own Objectively Assessed Needs for housing (OAHN) and employment (OAEN) development. 3.3 In accordance with the duty to co-operate in section 33A of the Planning and Compulsory Purchase Act 2004, the Council has worked and continues to work in partnership with East Hertfordshire, Harlow and Uttlesford District Councils, to determine the appropriate level of growth across the Strategic Housing Market Area. The most recent Strategic Housing Market Assessment is dated September 20153 and identifies that the OAHN for Epping Forest District is 11,300 homes between 2011 and 2033. The Housing Background Paper BGP14 includes substantial detail on the evidence available to determine the most appropriate local plan housing requirement for the District and identifies the housing requirement for the Local Plan as 11,400 dwellings. 3.4 The level of need identified for Epping Forest District is not, in itself, a sufficient justification for amending Green Belt boundaries. Therefore, further analysis of the specific circumstances relating to the District is necessary. 3.5 The Council undertook an “Issues and Options” consultation in 2012,5 which considered different levels of possible housing growth that were relevant at the time. It also identified the opportunities for brownfield redevelopment that were known at that time. At that stage, it was clear that land available outside of the Green Belt was unlikely to be sufficient to meet the identified need. Nevertheless, taking proper account of consultation feedback, in parallel to its work on the Green Belt review, the Council has continued to explore whether additional opportunities to deliver growth are available on land outside of the Green Belt. 3.6 The Council has prepared a Green Belt Review in two stages. Stage 1 of the Green Belt Review (September 2015)6 considered all Green Belt land within the District, identifying the locations where the overall performance of existing Green Belt land against national planning policy for protecting Green Belt land was higher or lower. A number of areas were identified for further study which made a limited contribution to the Green Belt purposes set out in paragraph 80 of the NPPF, or are in close proximity to existing settlements where development allocations are more likely to be considered acceptable in sustainability terms. Stage 2 of the Green Belt Review (August 2016)7 considered the broad locations for further investigation in greater detail by subdividing the assessment parcels into smaller areas. This stage of the review has
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